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December 01, 2005

Poem of the Night

(if it need be said: ee cummings)

somewhere i have never traveled,gladly beyond
any experience,your eyes have their silence:
in your most frail gesture are things which enclose me,
or which i cannot touch because they are too near

your slightest look easily will unclose me
though i have closed myself as fingers,
you open always petal by petal myself as Spring opens
(touching skillfully,mysteriously)her first rose

or if your wish be to close me,i and
my life will shut very beautifully,suddenly,
as when the heart of this flower imagines
the snow carefully everywhere descending;

nothing which we are to perceive in this world equals
the power of your intense fragility:whose texture
compels me with this colour of its countries,
rendering death and forever with each breathing

(i do not know what it is about you that closes
and opens;only something in me understands
the voice of your eyes is deeper than all roses)
nobody,not even the rain,has such small hands


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A blogger goes to property class

I have two more PrawfsBlawg posts up, one suggesting that the doctrine of adverse possession might be unconstitutional, and the other suggesting that the Fair Housing Act almost certainly is.


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Posner on Immigration

For those of you who haven't had their fill of Posner, take a look at his opinion in Benslimane v. Gonzalez (issued yesterday), in which he absolutely shreds the way the government has been adjudicating immigration/asylum cases and appeals. It's an astonishing opinion, and I have to say that I feel sorry for the next government lawyer who has to argue an immigration appeal before Posner and his colleagues.

Edited to Add: Check out Steve Vladeck's post on the same subject over at PrawfsBlawg.

Edited to Further Add: An MP3 of the oral argument, (which, if anything, is even more astonishing than the written opinion) can be found on the 7th Circuit website.

Thanks also to those of you who pointed out the changed opinion link.


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